A final hearing on the City of Ocala's fire fee legal matter was held Tuesday inside a packed courtroom at the Marion County Judicial Center.

More than 250 people came to the hearing seeking answers to numerous questions about the $80 million issue. The courtroom capacity is 261.

There was some humor during the proceedings, which stretched on for several hours. Presiding Circuit Judge Robert Hodges told the audience that he was not there to hand out checks. But he did hand out some answers.

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For instance, he told the audience that if they received a notice about the hearing in the mail, then that means they are included as class members in the suit and therefore can expect a check.

When? City lawyers present at the hearing said the plan is to send out the money within 60 days. The lawyers said there will be information on the city's website (ocalafl.org) providing full details once everything is worked out.

The judge said the money won't be sent each month; rather, it will be paid as a one-time lump sum. Minus court costs and legal fees, the judge said, residents could receive about 91 percent of fees they paid to the city in what the courts eventually determined to be an unlawful tax to support fire services.

One woman wanted to know why class members had to pay court costs. The judge said the court costs cover filing fees, adding it's not unusual for those costs to be associated with civil cases.

One of the plaintiff's lawyers, Derek Schroth, said more than 90,000 people are in the class. He said each member will receive, on average, about $900. This will vary between businesses and residents.

Those at the hearing were told that residents would have up to a year to claim their funds.

Sitting opposite Schroth's table were lawyers Robert Batsel and Jason Zimmerman, along with OcalaCity Council member Jay Musleh.

Questions about legal fees. How much, and how will they be paid?

One of the many speakers at the hearing was George Franjola, who said he represented the city in this longstanding lawsuit until his retirement.

Franjola wasn't there Tuesday as a lawyer; he was there as a member of the class. He objected to the plaintiffs' lawyers, Schroth and Sasha Garcia, and their team, receiving $6.4 million in legal fees from the common fund – about $80 million – from which class members will be compensated.

Franjola argued that if the plaintiffs extract their fee from the fund, that would improperly leave less for class members. He cited case law in his argument. Hodges will rule on the legal fee issue at a later date.

The plaintiffs called two lawyers with extensive experience in complex lawsuits to testify about legal fees.

Both lawyers examined the case and told the court that Schroth and his team – roughly four people total – had worked efficiently. The team did not get any money in advance for its services, one lawyer said after reviewing provided documents.

The lawyers said the $6.4 million fee was reasonable. One lawyer estimated the fee could have been anywhere from $15 million to $23 million.

One expert noted that if Schroth's team had been unsuccessful, it would not have been paid anything. The same lawyer noted that the team turned away other business and clients so it could concentrate on this suit.

Another unresolved question: What to do with unclaimed money?

In addition to the question about legal fees, Hodges must determine what happens to any money that isn't claimed by class members. City lawyers believe any such money should be returned to the city and its taxpayers. The plaintiffs wants it to go to the state.

Close to two years ago, an appellate court ruled that the city’s longstanding fire fee was actually an unconstitutional tax. The fee is no longer charged. Instead, the city has adopted a fire assessment schedule.

Residents began paying the fire fee through their utility bills in 2006. Discount Sleep of Ocala LLC and Dale W. Birch filed suit in 2014, and all people who had been paying the fee became part of the class action.

The appellate court ruled that, for the fire fee to truly be a fee, residents would need a reasonable opt-out mechanism. But the fee was bundled into the utility bill, so anyone wishing to opt out would have to either move or not pay their utility bill.

City officials said $60 million of the $80 million needed to pay class members will come from a bank loan, and the remaining $20 million will come from general fund reserves.

Contact Austin L. Miller at austin.miller@starbanner.com

For the Star-Banner

DUNNELLON — Brittney Owens was operating her wedding planning company, Southern Charm, two years ago when she decided to take her career to new heights and become a private pilot.

Owens now serves as a pilot for Central Florida Skydiving, one of several aviation-related operations based at Marion County Airport, located north of County Road 484 near Dunnellon Field.

“It’s a blast (and a) responsibility,” Owens said about taking parachutists aloft and watching them jump out the door of the Cessna 182 at about 90 mph.

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She is building up flight hours with her sights aimed at a continuing career in commercial flying. Owens, 31, now holds her instrument and commercial pilot license and is working on her multi-engine rating.

Owens took her private pilot, instrument and commercial pilot training with Federal Aviation Administration Gold Seal flight instructor Steve Mace of Ocala, currently an A320 Airbus pilot with Spirit Airlines based in Orlando.

Mace’s "Trusty Trudy" Cessna 172, used for giving flying lessons, is kept in a hangar at Marion County Airport.

Mace, 50, moved to the Ocala area in 1992 and worked at Ocala International Airport as a fueler and flew fixed-wing aircraft for UF Health Shands Hospital in the 1990s.

He has taught pilots as young as 16 and is teaching his son Michael, 22, to fly.

Mace likes the Marion County Airport in Dunnellon because he feels it is "old school and down to earth."

Owens had her final license exams from Troy Townsend, operator of FliteChek.com, which is based at the airport. Townsend is an FAA DPE, or designated pilot examiner.

Townsend praised the airport's location and conveniences. He said it provides a place for people to enjoy "the freedom to fly, which we take for granted but doesn't happen in some countries."

You can call it the Marion County Airport or just X-35

The airport, commonly known among pilots as X-35, which is its FAA designation, has become a haven for private and sport aviation activities.

The 800-acre facility dates back to World War II and has two lighted runways, measuring 5,000 and 4,702 feet.

The facility is "pilot controlled," which means there is no on site control tower. Fliers communicate on a common designated radio frequency to announce their presence and intentions.

According to https://airport.marionfl.org/home-airport, pilots can radio control runway lighting and obtain weather advisories from the facility.

The airport has 48 hangars, ranging from $250 per month and up, and 51 tie-down spaces that cost $50 per month, the website states.

Current fuel prices are available through a link on the site.

A computer program, VirTower, picks up signals from equipment installed in most aircraft to provide data including location, altitude and direction of travel information. Pilots can call Jacksonville control for instrument landing information, for example, in cases of bad weather.

Chris Helme, vice president of the local Sun Country Aero Club, which has a Cessna 172 as a club plane, said the Marion County Airport is a regular stop for members of the group.

The Marion County Airport has undergone many improvement projects through the years, with more planned

Marion County Airport Manager Mike Grawe, an Air Force veteran and private pilot, has spearheaded projects including a $2.9 million 20-hangar unit project and added $220,000 worth of improved landing lights during his four years at the facility.

Future plans include parallel taxiways for both runways, a $4.5 million project aimed at improving safety; a new $1.1 million aircraft fuel station; an additional $3 million worth of “T” style group aircraft hangars; and more commercial and private hangars, Grawe stated.

Data at an FAA.gov portal states that in 2018, the 12-month activity ending in September 2018, included 23,162 local general aviation aircraft operations and 15,441 “itinerant” general aviation aircraft.

Grawe estimates aircraft activity has increased by about a third at the airport, and he points to a 33% increase in fuel sales at the airport from 2018 to 2021.

He added that aircraft activity update figures will be available in August, and the figures will be more accurate because they are based on the VirTower data.

Programs for drones and remote-piloted vehicles (RPV) are also part of future plans.

Aviation gas and jet fuel prices are said to be “very competitive,” and sections of the airport lounge are open 24 hours, Grawe explained.

"I want to continue to grow and inspire people's passion for aviation and provide flight opportunities for everyone," Grawe stated.

Grawe and his management team including Stanley Roberts, airport lead operations tech, and Jerry Stone, airport operations tech, have been fostering a welcoming atmosphere for all who love to fly and attracting flight instruction, aircraft repair, maintenance, upgrade and other businesses.

Business at the airport is looking up – literally

Central Florida Skydive set up operations at Marion County Airport in September 2021 after looking at four other airports.

Donnie Hickey, owner of the business, has over 9,400 jumps under his belt. He said tandem jumps are offered beginning at $189, and a video made by Payton Candales, 20, who is with the company, and has at least 386 jumps in his career to date, starts at $60.

“It’s floating, not falling,” Hickey said about the sensation of parachuting.

ITEC, a nonprofit, faith-based research and development organization founded in 1996, has been based at the Marion County Airport for a number of years.

Founder Steve Saint developed the Maverick, an FAA “certified flying car,” according to itecusa.org. It is intended to enable missionaries to travel into secluded areas where transportation is a “significant hurdle.”

The organization has designed a lightweight portable dental chair for transport in missionary use.

ITEC continues development of several types of Unmanned Aerial Vehicles (UAVs,) including ones to deliver lifesaving medical supplies like snake bite treatments to GPS-specified locations that might otherwise be inaccessible, according to Bruce Van Fleet with ITEC.

Roy Beisswenger operates Easy Flight, a training center for power parachutes. Beisswenger was inducted into the EAA (Experimental Aircraft Association) Ultralights Hall of Fame in 2021.

The association says Beisswenger is the only FAA Gold Seal Instructor to earn the award through powered parachutes "exclusively."

Dan Hansen, 65, of Inverness, a power parachute flier, said the view is "incredible" from the open cockpit machines.

Oscar Mollineaux, from New Jersey, took vacation time to travel here and attend the East Flight school. He said he "absolutely loved" flying in the power parachute.

Jesse Saint, son of ITEC founder Steve Saint, operates Saint Aviation (saintaviation.com) at the Marion County Airport.

The company installs Dynon brand digtial avionics equipment for "panel upgrades," with GPS, "moving maps" and flight information. Units range for $20,000 to $70,000.

Jim Hoekenga, of Sebring, made the one-hour flight to Dunnellon to have Saint install a unit in his Cessna 172.

"This is a beautiful airport, nice long runways. I'll come back," he said.

Additional companies now based at Marion County Airport include Fly All Things, a flight instruction school also offering a 62-hour accelerated flight training program by Bo Feldman; Mount Up With Wings Aviation, an aircraft rental firm operated by Randy Dorsey; and Aero Aggregates, which turns “post-consumer recycled glass into material that can be used in infrastructure and commercial construction,” according to an Ocala Metro Chamber and Economic Partnership online post.

Ocala Star-Banner

Summer Spotlight Exhibition

“Town and Country” is the theme for the Visual Artists’ Society Summer Spotlight, showcasing the work of local and regional artists in a variety of mediums. The exhibit will be on display at the College of Central Florida Webber Gallery, 3001 SW College Road, Ocala, from May 16-July 28 from 10 a.m. to 4 p.m. Opening reception and awards ceremony is May 24 from 5-7 p.m. For more information, call 352-854-2322, ext. 1552 or visit www.cf.edu.

Classic Albums Live

The final show of Classic Albums Live season at the Reilly Arts Center, 500 NE Ninth St., Ocala, features music from Tom Petty and the Heartbreakers’ "Damn the Torpedoes" on May 20 at 7:30 p.m. Guests can experience the album note for note, performed by the professional musicians of Classic Albums Live. Doors open at 6:30 p.m. Tickets from $20. For more information, visit www.reillyartscenter.com or call 352-351-1606.

Orange Blossom Opry

Friday Night Live at the Opry, 16439 SE 138th Terrace, Weirsdale, features former Sawyer Brown and Confederate Railroad member Bobby Randall on May 20 at 7 p.m. for an evening of rollicking country music with the Orange Blossom Opry Band. Tickets from $16-$25. For more details, visit www.obopry.com for venue information and purchase.

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Dance Divine School of Ballet 40th Anniversary

A special presentation of “Zechariah: The Lord Remember” will be presented at the Reilly Arts Center, 500 NE Ninth St., Ocala, on May 21 at 2 and 7 p.m. Admission is free to the public; seating available on a first come/first served basis. For more details, visit www.reilllyartscenter.com or email sydney.norman96@gmail.com.

Opera Tampa

The resident Opera company at Tampa’s Straz Center for the Performing Arts visits Ocala and once again performs at Circle Square Cultural Center, 8395 SW 80th St., on May 22 at 1 p.m. with a selection of arias and popular Broadway tunes. Free tickets are not available online and must be picked up at the CSCC box office during business hours; limit two per household. For more information about Opera Tampa, visit StrazCenter.org/OperaTampa/About-Opera-Tampa

Max Weinberg’s Jukebox

The former drum chair for Bruce Springsteen and the E street Band and bandleader for Conan O’Brien’s late-night show takes the stage of the Reilly Arts Center, 500 NE Ninth St., Ocala, at 7:30 p.m. May 26. Guests will choose from a video menu of over 200 songs from the Beatles to the Stones to the big Boss. Tickets from $20; VIP private meet and greet tickets are sold separately at $11, with post-show autographs and photo opportunity. For tickets and additional details, visit www.reillyartscenter.com or call 352-351-1606.

More than 50,000 residential units have been approved throughout Marion County in the past five years, and that's only through March. The number does not include nearly 86,000 undeveloped home lots approved decades ago.

The news came during a two-plus hour county commission work session on Monday, a meeting designed to give an overview of what Marion County is facing with the recent surge in commercial and residential development.

The meeting included an update from Kevin Sheilley, president/CEO of the Ocala Metro Chamber & Economic Partnership (CEP), who said 190 people per week (9,880 per year) are now moving to Marion County.

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Marion County's population will likely hit 400,000 in 2024 and 500,000 by 2040. Marion is now the nation's 142nd largest metropolitan statistical area, up six spots in one year, passing the four-county Tallahassee MSA in population.

A population explosion is being fueled by attempts to diversity the area workforce. That has come the way of logistics. Marion has 12.8 million square feet of warehouse space. But with this economic boom comes growing pains.

James Banta, Marion County fire chief, said the county has an immediate need for 10 new fire stations at a price tag of between $3 million and $4 million each. That does not include a recurring cost of $1 million per year to staff each station.

Another issue is roads. In fact, even with the one-cent sales tax, which supports roads and public safety capital needs, Marion County needs $537 million to fund all of its road projects in the next five years. Marion will only have $190 million, a shortfall of $347 million. The road shortfall is nearly $1 billion through 2045.

And then there is school overcrowding and how new schools will be funded, which was not discussed. There was so much information given to the county commission in a short period that many asked to slow down and split topics up on future work sessions.

"I've just got this Thursday, and there's not a lot of time to react or to go out into the community," Commissioner Craig Curry said. "I would like to have more time to have evaluate these things because each one of them are very, very important."

Commission Chairman Carl Zalak said more work sessions will be coming.

"We're going to discuss these today," Zalak said. "And then we're gonna bring workshops back on each one of them."

Two key areas discussed during the work session were development and roads.

66% of residential units approved in past 5 years are in SW Marion

County and city governments have approved 50,784 residential units – homes, apartments, townhomes and condos – since 2016, and 32,475 of those units are located in the southwest quadrants of Marion County and the City of Ocala.

Two-thirds of those 50,784 units can be launched as soon as the developer gets a building permit. Though the other third are in approved developments, the developer must submit a final site plan before launching.

Of those 50,784 units, 25,798 are single-family homes and 24,986 are multifamily units, which include apartments and townhomes. Unincorporated southwest Marion has 17,881 units and southwestern Ocala has 14,594 units approved.

Here is the tally for each quadrant, which includes the same quadrant for the City of Ocala: Southwest, 32,475; Northwest, 8,142; Southeast, 6,975; Belleview, 1,772; and Northeast, 1,420.

And of the 1,801 commerce park and industrial acres on the books, 1,319 acres (73%) are also located in southwest Marion County.

Tracy Straub, assistant county administrator, said that even with the 6,000 or so single-family homes permitted in 2021, only about 66% of those received a certificate of occupancy. The county is also working to provide faster permitting for builders.

"The preliminary numbers are showing we have a housing deficit of 1,700 units," Straub said. "When you see data by our local board of Realtors, they're telling you that houses are selling in less than one month, as soon as they're being put on the market."

To put the explosive growth in perspective, new residents in 2021 created a housing demand of 2,251 residential units. Now there are 190 people moving to Marion County every week. If the average is household is 2.5 people, that means builders need to construct 76 residential units per week (about 4,000 annually) to keep up in 2022.

Marion roads program is vital in moving residents around the county

Elton Holland, the county engineer, confirmed that the Southwest 49th Avenue highway project is funded, for the most part. He said that by spring 2023, the four-lane segment from Southwest 66th Street to the 42nd Street Flyover will launch construction.

Holland said another road that is on top of the county's road list is to four-lane Southwest 38th Street, from West Port High School to the planned 44th Avenue project that will connect the flyover to County Road 326.

Holland also revealed that funding is available to begin some intersection improvements at Southwest 27th Avenue, also known as CR 475, at Southwest 66th Street. He said there is a plan to add a turn lane on eastbound Southwest 66th Street.

"It (southbound CR 475) backs all the way up to Trinity Catholic High in the afternoons and in the mornings," said Commissioner Kathy Bryant about the need for immediate improvements at that intersection.

Straub and Holland both explained that road funding plan eliminates the sale tax when it expires in two years.

Straub noted that 27 miles of new roads and eight intersection improvements are planned through 2026-27 at a cost of $190 million. There is a shortfall of $347 million to fund all the roads on the county list during that time.

Long term, there are $1.41 billion worth of road improvements on the list through 2045, but only $517 million are funded.

"Sales tax and impact fees are seeming to be the answer at the moment," Commissioner Michelle Stone said.

The sales tax also helps to fund Marion County Fire Rescue, which needs 10 new stations now and more as the county grows.

Holland said that discussions need to be had in terms of other problem traffic areas. One is the need for an interchange at Maricamp Road and Baseline Road.

"Because you have to do something to deal with all that growth that's occurring out in the southeast in Silver Springs Shores," Holland noted.

"Those are the types of projects that are out there and the vision of what is your next beltway?" he noted.

Sheilley says Marion wages have risen a third faster than national average

Sheilley said that population experts say Marion County will hit 400,000 in early 2024.

"Over the last two years, the Ocala metro has jumped up six spots to be the 142nd largest metro (MSA) out of 392 in our country," Sheilley said. "That means in this last year the Ocala Metro surpassed the four-county Tallahassee (MSA)."

Sheilley said that Marion is one of the Top 25 fastest growing based on percentage growth and was 38th fastest in terms of actual numbers. He also noted that U-Haul and Pods rank Marion in the Top 25 in terms of one-way destinations.

Marion's fastest growing population segment continues to be people ages 30 to 39. Sheilley said with the addition of the World Equestrian Center and Florida Aquatics Swimming & Training facility, the job growth is diverse.

"Here are some quick numbers: (Marion) household income grew a third faster than the U.S. average from 2016-20," Sheilley said, adding that household income has risen from $32,000 per year about a decade ago to nearly $50,000.

Curry said he has been getting angry emails about the need to stop growth. Marion, which is larger in size than Rhode Island, has 125,000 acres earmarked for its urban growth boundary. Marion County is 1,663 square miles, or 1 million acres.

"That's about 12% of our county," Curry noted. "The farmland preservation is around 198,000 acres and combined the national forests, including lakes, rivers, streams and protected areas is 500,000 estimated acres."

He continued about the emails, repeating one: "If you don't stop growth, I'm not voting for you anymore."

"Well, you're not gonna vote for me anymore because I can't stop growth," Curry said. "I don't want to stop it, I want to control it. I want to make it to where it fits in our community and it fits within the vision of the commission. And then we explain that vision so that people aren't afraid of it."

School leader addressed commission, thanking them for working together

Nancy Thrower, Marion County School Board member, first thanked commissioners "for everything that you're doing to help our community prosper."

"And I've really enjoyed the collaboration with Commissioner Stone working on updating a draft to the interlocal agreement," Thrower said of a document used to help schools collect money to build schools.

"It's going to be really important to continue that communication very closely because we do rise as a community together," Thrower noted. "And the last thing we need to do is duplicate services."

Thrower said the community is looking at all the government bodies to collaborate so that growth is managed well. Thrower said after hearing all of the numbers at Monday's meeting that "there's definitely a lot of work to be done."

"But I'm certainly excited to continue to do it side by side with all of you and I know that the school board feels the same way and the future is bright here," Thrower noted. "So I appreciate everything that you all do."

Zalak said once the school board works out a capital funding plan that more intergovernmental meetings will be necessary.

"I'd love to get back together and a joint workshop about this situation because I think it's really important to figure that out," Zalak noted.

Joe Callahan can be reached at (352) 817-1750 or at joe.callahan@starbanner.com. Follow him on Twitter @JoeOcalaNews.

The number of new COVID-19 cases in Marion County Public Schools jumped to 27 for the week ending May 6, up from 11 during the previous week, though still far below the record 1,014 omicron cases in January.

The total for seven days was nine for the week ending April 15 and six for the week ending April 8. The number was 26 for the week ending March 11, according to the Marion County Public Schools' weekly report, which was released Tuesday.

The district has seen a vast overall decline in cases. There were 513 for Jan. 29-Feb. 4. The one-week record for school cases was 1,014 for Jan. 15-21.

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The latest school report showed that 20 students and seven employees tested positive for COVID-19 during the week ending May 6.

The number of people placed in quarantine increased to 104 (103 students and one employee) for the week ending May 6. The total was 28 for the week ending April 29 and 20 for week ending April 22.

To put the low quarantine numbers in perspective, the total was 1,766 for Jan. 22-28, 1,843 for Jan. 15-21 and 2,219 for Jan. 8-14.

The record for weekly quarantines, which was set during the Delta wave in Marion County schools, was 3,404 in mid-August 2021.

The latest numbers for all of Marion County

For all of Marion County, 516 cases were recorded for April 22-May 5, up from 280 cases for April 8-21, 160 for March 25-April 7 and 123 for March 11-24. The state now releases case numbers every two weeks, with the next report due out May 20.

The Marion County weekly record of 5,536 cases was reported for Jan. 7-13, just a month after the total was 146 for Dec. 3-9. The total number of Marion residents who have tested positive for COVID-19 is now 84,120.

Marion County hospitalizations decreased to 13 in the past week

Marion County's seven-day total of new COVID-19 hospitalizations was 13 on Monday, down from 18 on May 2. The number was 13 on April 25 and 11 on April 18, according to federal Centers for Disease Control and Prevention data.

Last fall, during a spike attributed to the delta variant, the record hit 350. In the past two weeks, the CDC reported that fewer than 10 Marion residents were added to the death toll from COVID-19. The total number of Marion deaths is about 2,100.

The seven-day positivity rate for Marion County was 9.81% on Monday, up from 6.27% on May 2, 4.85% on April 20, 4.47% on April 18, and 2.69% on April 11.

Mark Lander, head of the Florida Department of Health in Marion County, said Monday that “this latest increase may reflect the seasonal ebb and flow that we’ve seen of COVID-19 since the beginning of the pandemic."

“Thankfully, our numbers are still down significantly compared to the omicron spike at the beginning of the year," Lander noted. "But with cases and the positivity rate both rising again, at least for the moment, we emphasize that Marion County residents should take those steps that can reduce the spread of the virus: practicing good personal hygiene, remaining home if you are sick, and evaluating some lifestyle changes to become healthier.”

Local vaccine statistics

As of May 9, 236,029 Marion County residents have had at least one dose of a COVID-19 vaccine, up 227 when compared to May 2. Of those, 97,257 had both shots and a booster, 350 more than a week ago, according to state data.

The CDC report shows that on May 9, 74.2% of Marion residents ages 18 and older have had at least one dose of the vaccine, while 72.2% of Marion residents ages 12 and older, and 67.9% of residents ages 5 and older have had at least one dose.

Meanwhile, 91.7% of residents ages 65 and older have had at least one dose, as of May 95. The data shows that 64.6% of Marion's entire population has had at least one dose.

— Contact Joe Callahan at (352) 817-1750 or at joe.callahan@starbanner.com. Follow him on Twitter @JoeOcalaNews.